Plumbers, Gasfitters, and Drainlayers Act 2006

Self-contained motor vehicles - Board appoints and regulates certification authorities - Board’s enforcement powers

87P: When Board may take disciplinary action under section 87Q

You could also call this:

"When the Board can take action against a certification authority for not following the rules"

Illustration for Plumbers, Gasfitters, and Drainlayers Act 2006

The Board can take disciplinary action against a self-containment certification authority if it is not doing its job properly. You can think of the Board like a referee, making sure everyone follows the rules. The Board will look at what the self-containment certification authority has done and decide if it should take action. The Board can take action if the self-containment certification authority has failed to do its core functions, been negligent, or guilty of misconduct. You might wonder what core functions are - they are the main tasks that the self-containment certification authority is supposed to do. The Board can also take action if the self-containment certification authority got its appointment by making false or misleading statements. The Board can take action if the self-containment certification authority does not follow the rules, such as not ensuring motor vehicle inspections are done correctly, as outlined in regulations and notices issued by the Board under section 87F. The Board can also take action if the self-containment certification authority appoints a motor vehicle inspector without following the rules, as outlined in section 87T(1), or issues a certificate of self-containment without following the rules, as outlined in section 87U. The Board can take action if the self-containment certification authority provides a warrant card without following the rules, as outlined in section 87X(1)​(b). The Board can take disciplinary action against a self-containment certification authority if it stops the Board from doing its job, as outlined in section 87M(3), or does not comply with a requirement imposed by the Board, as outlined in section 87M(4)​(a) or (c). The Board has the power to take action, as stated in section 87Q(1). The Board's actions are guided by the rules and regulations, and it will take action if the self-containment certification authority is not following these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS926484.


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87O: Information received from Registrar of Motor Vehicles, or

"The Board gets info from the Motor Vehicle Registrar to check certificates and investigate complaints."


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87Q: Disciplinary action Board may take in relation to self-containment certification authority, or

"What happens if you break the rules as a self-containment certification authority"

Part 2ASelf-contained motor vehicles
Board appoints and regulates certification authorities: Board’s enforcement powers

87PWhen Board may take disciplinary action under section 87Q

  1. This section applies if the Board, after conducting an investigation and considering the submissions made by a self-containment certification authority (if any), is satisfied that the self-containment certification authority—

  2. has failed without good reason to properly carry out 1 or more of the self-containment certification authority’s core functions:
    1. has been negligent in carrying out 1 or more of those core functions:
      1. has been guilty of misconduct in carrying out 1 or more of those core functions.
        1. The Board may take any of the actions referred to in section 87Q(1) if it is satisfied that the self-containment certification authority—

        2. obtained an appointment as a self-containment certification authority by making a false or misleading representation or declaration (whether oral or written); or
          1. was not, at the times of its appointment as a self-containment certification authority, entitled to be appointed as a self-containment certification authority; or
            1. has failed to ensure that a motor vehicle inspection done by a motor vehicle inspector appointed by that self-containment certification authority complied with requirements prescribed by regulations and notices issued by the Board under section 87F; or
              1. has, without good reason,—
                1. purported to appoint a motor vehicle inspector without complying with section 87T(1); or
                  1. purported to issue a certificate of self-containment without complying with section 87U; or
                    1. provided a warrant card without complying with section 87X(1)(b).
                    2. The Board may take any of the actions referred to in section 87Q(1) if a self-containment certification authority—

                    3. obstructs or prevents the Board from exercising its powers under section 87M(3); or
                      1. fails to comply with a requirement imposed on the self-containment certification authority by the Board under section 87M(4)(a) or (c).
                        Notes
                        • Section 87P: inserted, on , by section 48 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).